I was molested in a shatabdi and this is my thread on how to go about with the legal process @IndiaMeToo
Many people don’t know that TT wields power in any train. In fact, more than a police officer. My co-passenger in a drunken stupor molested me in a full shatabdi. First thing you do, scream and shout and alert the people around you because they are potential witnesses.Even if they don’t help out, they are aware something like this has happened. Inform the TT. In my case, the TT wasnt close. I asked the pantry person to inform the police or TT. The RPF came before than the TT. I told him what happened. They escorted the person outside the cabinI got down at the next station with the officials.
Ladies! This is important!! I know this can be a harrowing experience but you need to clear your mind and write down everything on a piece of paper!! This will not only help you frame your statement but later acts as evidenceWhatever you can remember, irrespective of how small it might seem, write it down!
Write down the behavior of your PERSON before attack, after the attack and even behavior of others around you because the first question they will ask is did u ask for help! Write down EVERYTHING!Go to your nearest Thana/police station.
Every train station has a police station. State clearly that you want to file an FIR. They will ask you to write a statement. Write the statement in front of the officials in case you have any issues, clear it then and there.Time is of essence in these cases.
DO NOT LEAVE THE STATION WITHOUT FILING AN FIR.
If they say we will file it, stay till they file it. I stayed for 3 hours at the police station because they were taking time to file it. But DO NOT GIVE UP. they have to file an FIRIn case they refuse to file an FIR, you can call up the police control room at 100 or the women’s helpline services and file a ZERO FIR.
The control room will guide you on the same.
Take copies of your statement, even if it’s photograph. Ask the police to give you a receivingReceiving means they will put their sign and seal saying that they have received your complaint. This is important evidence. Take pictures of your statement because it will come in handy. They called me to the station the next day. They will ask u to drop charges
They cited reasons of how I should think of the family and kids of the molester. I was adamant. I received a copy of my FIR. I was not withdrawing. I submitted my train ticket as evidence. You will have to repeat the story in front of different officials but don’t give in!!They will try to find loopholes in your statement but you know what that person did and in clear audible words tell them what exactly happened. never deviate from your statement because then your case becomes flimsy
On the 3rd day I was taken to court. The judge clears the courtroom so that you may give your statement. The judge does warn you about the consequences of a lie or a false case. You will again repeat the statement before the judge. You will name witnesses that you namedEnsure you tell your family or friends or people you trust after the incident so that they may also be your witness. They will be called and asked what you said to them and what happened.
So it is important you inform anyone who is a friend or familyNow, here is where I break a couple of myths. People are hesitant on filing FIR because baar baar court aana padta hai. I’ll tell you how it happens. The moment it is a criminal case, you are a witness. You do not need advocates because the state prosecutor will be fighting itThe state prosecutor will be assigned your case and they will fight it on your behalf.
You have to go for ONE COURT PROCEEDING.
This will probably take one whole day in court but this is the only time you need to go. Youre served summons at whatever address you give the authorityOn the date, ensure you carry your summons. It will mention in whose courtroom your case will be heard. There will be cops and judicial staff who will help you out.
The defense counsel will try and ‘settle’ the issue. I clearly stated I want a court order and I’m not settlingThe prosecution will examine you first and then the defense lawyers will cross-examine you.
They will try and find loopholes in your story or they will try and find differences between the police complaint you gave and the statement you are giving at the momentHence it is important that you stick to the statement and why writing everything you remember is important because 7months down the line, you won’t remember everything as clearly as you do during that moment and that’s why take pics of the statement so that you know what u saidOnce the cross-examination is done, you can go home.
Just a couple of updates:
1. We deboarded at the station I was supposed to originally deboard at with the person
2. The case is still on-going and awaiting judgment but it doesn’t require my involvement anymore